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Public House - NEWS
UPDATE 28th September 2024
The Villagers (Volunteer) Pub/Cafe - Judicial Review Update:
It has now been accepted that Waverley Borough Council committed a legal error when granting the planning permission and so will not oppose the application for a Judicial Review. The next step will be to draw up a Consent Order, which is a precursor for the judge to grant the quashing of the recent grant of planning permission (WA/2024/00149). Thereafter, the issue will be sent back to the Council Planning Department to reconsider their original decision to allow change of use.
The BVS have been encouraged by the level of support we have received since our last update to the Village and particularly to those who have made personal pledges outside of the Crowd Funding initiative. We are continuing with our funding drive until 3 October 2024, as we now have a real prospect to “save our pub/cafe” and we will also be looking into a Compulsory Purchase Order with the Council
UPDATE 19th September 2024
Planning Permission to convert the public House into residential (WA/2024/00149) has already been issued by the Council and it may only be reconsidered by its planning committee if quashed by the High Court.
The Blackheath Village Society have issued a pre-action protocol letter to Waverley Borough Council for judicial review claims. The protocol requires the letter to contain, amongst other things, the date and details of the decision, act or omission being challenged, a clear summary of the facts, the legal basis for the claim and the details of any information that the claimant is seeking and an explanation of why this is considered relevant.
The initial stage of this process, including a pre-action letter will cost £9,000 to cover legal costs and we have instructed Keystone Law to act on our behalf. You can help us by contributing to our dedicated Crowdfunding Page
Our main argument is in respect to the non-compliance of strict planning conditions attached to Planning Consent WA/2017/1853, which required the pub/cafe to be renovated in accordance with the proposed plans. Even though a Breach of Condition Notice was issued on 7 November 2021, this was never enforced by the Council. Other concerns include the applicant’s failure to comply with Policy ICS1(3) of the Waverley Local Plan, which mandates consultation with the community and service providers. The attached letter to Waverley Borough Council provides detailed information of the pre-action protocol letter:
The cost of a Judicial Review to “save our pub”.
“Judicial Review (JR) costs are significant and the risks are high. It is a front-loaded process so the initial stage of assessing the case in forensic detail and developing detailed grounds is absolutely vital.
£4,000-5,000 + VAT is the ball-park sort of cost for this part of the process rising to £7,500 + VAT to include a pre-action letter. There is no adverse costs risk other than one’s own costs if a claim is not ultimately issued in court.
Whole costs for a JR are not insignificant. Costs would be about £17,500 + VAT up to the point of issuing proceedings, and taking it to the stage of the judge’s order on “permission” (one needs permission from a judge – only an ‘arguable’ case will proceed). As a guide it would probably cost around £30-40,000 +VAT to take a case all the way through to a court hearing, depending on the seniority of the barrister used. The court may make a costs award against the losing party too. This is uncertain but the sums are usually lower than claimant costs because 1) public authority defendant; 2) only one set of costs awarded even if the applicant/ developer is an active ‘interested party’ to proceedings and 2) claimants make most of the running.
Strong cases can end early with a consent order, and substantial costs recovery, but as a general rule of thumb successful parties should never expect to make more than a 50% return on outlay. Weak cases may end early at permission stage because the judge refuses to grant permission for a full hearing – the total cost of that failure would be nearer £22,500 + VAT, including costs of the other side.”
UPDATE 22nd August 2024
Planning Update for The Villagers (The Volunteer) Public House
"The Planning Committee members at Waverley Borough Council decided in favour of the Planning Officers recommendations last night to allow change of use of the Villagers Pub to residential premises. The BVS used its best endeavours to persuade Councillors to “save our pub” and were supported in their efforts by the Parish Council, two local MPs, CAMRA and two Waverley Councillors, but were, nevertheless, ultimately unsuccessful. The hearing can be watched on the Council's YouTube video for more information.
We have six weeks to challenge the decision and the BVS will now consider what further options are viable.”
Blackheath Village Society
UPDATE 18th May 2024
Further information in respect to the latest planning application for change of use can be viewed on the Council's website at www.waverley.gov.uk/planning -
Reference WA/2024/00149
These relates to a Viability Report prepared for the applicant and a redacted Business Plan from the BVS. Any comments (by email or in writing) must be received by Thursday 30 May 2024
UPDATE 1st March 2024:
The Villagers (Volunteer) Community Pub Update:
The planning application for change of use will now be determined by a full Planning Committee at Waverley Borough Council.
This will probably take place in April 2024 and any comments can still be lodged on their website at www.waverley.gov.uk/planning -
Reference WA/2024/00149
We will be making representations to the Planning Committee and remain committed to re-open the building as a community pub.
UPDATE 31st January 2024:
The BVS has continued to monitor developments in relation to the property and Waverley Borough Council has continued to recognise the importance of retaining the property as a focal hub for the benefit of the local community. Consequently, despite the protracted planning history, the property has continued to retain its status as an Asset of Community Value.
A new application for change of use of the property and to combine the property with the adjoining property in which the owner currently resides has now finally been lodged on the 23rd January and can be accessed on the Waverley Borough Council portal (under the heading Volunteer Arms) under the reference WA/2024/00149. The Council currently requires any comments or objections to be lodged by the 18thFebruary. However, the BVS is applying for this very short period to be extended given the importance of the matter to the local community and the protracted time that has been taken to reach this position.
The BVS believe that the current application is to all intents and purposes the same as that which has already been rejected by the Waverley planning authorities and see no reason why this new application should be treated any differently. Indeed, it could be said on that basis that the owner should not have been allowed to make this application.
The BVS are strongly of the view that despite the protracted planning history of this matter, the original view endorsed by over 80% of the local community remains the same i.e. it is important to retain the property as a local hub for the benefit of the local community. It can even be argued that this is now even more important in view of the Covid generated realisation that home and/or local working arrangements are becoming more prevalent. The BVS consider that a local licensed hub that also provides a range of facilities such as coffee, snacks etc during the day and early evening will be beneficial to the local community and restore a valued community asset that is in danger of being lost. Such facilities can already be seen to have benefitted other communities in the locality even when based on a more limited floor space (e.g. the Hill Top Kitchen in Bramley, The Forge in Shamley Green and Hilly's in Shere). Furthermore, the BVS understands that such a facility would attract the necessary investment interest from various quarters were the property to be valued, as it should be, as a commercial rather than as a residential asset.
Any comments must be lodged by 18 February 2024 on their website at www.waverley.gov.uk/planning
Reference WA/2024/00149
The property still retains Asset of Community Value status, and we remain committed to re-open the building as a community hub with a licensed pub/cafe.
UPDATE 7th November 2022:
Waverley Borough Council served the Breach of Condition Notice.
Carry out works on the Land so to comply with the details discharged under condition 2 of WA/2017/1853 which are plan ‘Pub Layout - Dec 18 - 16-C1367-101 and document entitled ‘The Villagers Inn- General Specification’ (Ascot Design, Dec 2018).
To ensure that the public house is provided in accordance with the submitted details, in accordance with the objectives of Policy CF1 of the Local Plan and guidance contained in the National Planning Policy Framework. The property still retains the Asset of Community Value status as a public house and the owners have 6 months to comply with the Notice.
The BVS and Pub Committee remain committed to seeking the re-opening of the property as a pub/cafe.